New Parole Process for Undocumented Spouses and Stepchildren of U.S. Citizens and Process Improvements for Certain Employment-Based Visas for DACA Recipients and Other Undocumented Persons.
The Department of Homeland Security (DHS) announced a new process for certain noncitizen spouses and noncitizen children of U.S. citizens to be considered for parole. If eligible, these noncitizens can apply for lawful permanent residence without leaving the United States. This benefit will be awarded on a case-by-case basis, and individuals must meet the following criteria:
Be present in the United States without admission or parole;
Have been continuously present in the United States for at least 10 years as of June 17, 2024;
Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
Not pose a threat to public safety or national security;
Have no disqualifying criminal history;
Be eligible to apply for adjustment of status and
Merit a favorable exercise of discretion.
Noncitizen stepchildren may also be considered for parole under this process if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Important note: The application period for this benefit has not been announced; USCIS will reject any application filed before the application period begins. CLINIC encourages our network to alert their communities to beware of individuals promising to file these applications before the application period begins.
DHS also announced that it will join the Department of State in an effort to more efficiently facilitate employment-based nonimmigrant visas for some individuals, including DACA recipients and undocumented persons who have graduated from an accredited U.S. institution of higher education.
We will continue to monitor for new information related to this announcement and will notify our network as soon as a Notice is published in the Federal Register.